VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_15-vv-00784
Package ID: USCOURTS-cofc-1_15-vv-00784
Petitioner: Cheri Fox
Filed: 2015-10-28
Decided: 2016-09-21
Vaccine: influenza
Vaccination date: 2014-09-23
Condition: Shoulder Injury Related to Vaccine Administration
Outcome: compensated
Award amount USD: 66000

AI-assisted case summary:
Cheri Fox filed a petition for compensation under the National Vaccine Injury Compensation Program on October 28, 2015, alleging that she suffered a shoulder injury related to vaccine administration (SIRVA) as a result of an influenza vaccination on September 23, 2014. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report conceding that petitioner was entitled to compensation, finding that she suffered SIRVA and that it was causally related to the vaccination. A ruling on entitlement was issued on October 28, 2015, finding Cheri Fox entitled to compensation. Subsequently, on November 30, 2015, the respondent filed a Proffer of Damages, agreeing to an award of $65,773.25 for pain and suffering and $226.75 for past unreimbursable expenses. The parties also agreed that the injury did not impair her earning capacity, so no lost future earnings were awarded. Additionally, the respondent proffered $13,854.58 for attorneys' fees and costs. On September 21, 2016, the Chief Special Master issued a decision awarding Cheri Fox a total of $66,000.00 for pain and suffering and unreimbursable expenses, and $13,854.58 for attorneys' fees and costs, for a total award of $79,854.58.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_15-vv-00784-0
Date issued/filed: 2015-11-18
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 10/28/2015) regarding 14 Ruling on Entitlement (Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Copy to parties.
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Case 1:15-vv-00784-UNJ Document 16 Filed 11/18/15 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 15-784V
Filed: October 28, 2015
Unpublished
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
CHERI FOX, *
*
Petitioner, * Ruling on Entitlement; Concession;
* Influenza (“Flu”) Vaccination;
* Shoulder Injury Related to Vaccine
SECRETARY OF HEALTH * Administration (“SIRVA”); Special
AND HUMAN SERVICES, * Processing Unit (“SPU”)
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
Maximillian J. Muller, Muller Brazil, LLP, Dresher, PA, for petitioner.
Alexis B. Babcock, U.S. Department of Justice, Washington, DC, for respondent.
RULING ON ENTITLEMENT1
Dorsey, Chief Special Master:
On July 24, 2015, petitioner filed a petition for compensation under the National
Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq.,2 [the “Vaccine
Act” or “Program”]. Petitioner alleges that as a result of an influenza [“flu”] vaccination
on September 23, 2014, she suffered a shoulder injury. Petition at 1. The case was
assigned to the Special Processing Unit of the Office of Special Masters.
On October 26, 2015, respondent filed her Rule 4(c) report in which she
concedes that petitioner is entitled to compensation in this case. Respondent’s Rule
4(c) Report at 3-4. Specifically, respondent indicates that petitioner “suffered an injury
of Shoulder Injury Related to Vaccine Administration, and that the preponderance of the
medical evidence indicates that the injury was causally related to the vaccination.” Id.
1 Because this unpublished ruling contains a reasoned explanation for the action in this case, the
undersigned intends to post it on the United States Court of Federal Claims' website, in accordance with
the E-Government Act of 2002, Pub. L. No. 107-347, § 205, 116 Stat. 2899, 2913 (codified as amended
at 44 U.S.C. § 3501 note (2006)). In accordance with Vaccine Rule 18(b), petitioner has 14 days to
identify and move to redact medical or other information, the disclosure of which would constitute an
unwarranted invasion of privacy. If, upon review, the undersigned agrees that the identified material fits
within this definition, the undersigned will redact such material from public access.
2 National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755. Hereinafter, for
ease of citation, all “§” references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. §
300aa (2012).

Case 1:15-vv-00784-UNJ Document 16 Filed 11/18/15 Page 2 of 2
In view of respondent’s concession and the evidence before the court, the
undersigned finds that petitioner is entitled to compensation.
IT IS SO ORDERED.
s/Nora Beth Dorsey
Nora Beth Dorsey
Chief Special Master
2

================================================================================
DOCUMENT 2: USCOURTS-cofc-1_15-vv-00784-1
Date issued/filed: 2016-09-21
Pages: 5
Docket text: PUBLIC DECISION (Originally filed: 11/30/2015) regarding 18 DECISION Fees Stipulation/Proffer, DECISION Stipulation/Proffer,, ( Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Copy to parties.
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Case 1:15-vv-00784-UNJ Document 22 Filed 09/21/16 Page 1 of 5
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 15-784V
Filed: November 30, 2015
Unpublished
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
CHERI FOX, *
*
Petitioner, * Damages Decision Based on Proffer;
* Influenza (“Flu”) Vaccination; Shoulder
* Injury Related to Vaccine Administration
SECRETARY OF HEALTH * (“SIRVA”); Attorneys’ Fees and Costs;
AND HUMAN SERVICES, * Special Processing Unit (“SPU”)
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
Maximillian J. Muller, Muller Brazil, LLP, Dresher, PA, for petitioner.
Alexis B. Babcock, U.S. Department of Justice, Washington, DC, for respondent.
DECISION AWARDING DAMAGES AND ATTORNEYS’ FEES AND COSTS1
Dorsey, Chief Special Master:
On July 24, 2015, petitioner filed a petition for compensation under the National
Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq.,2 [the “Vaccine
Act” or “Program”]. Petitioner alleges that as a result of an influenza [“flu”] vaccination
on September 23, 2014, she suffered a shoulder injury. Petition at 1. The case was
assigned to the Special Processing Unit of the Office of Special Masters.
On October 28, 2015, a ruling on entitlement was issued, finding petitioner
entitled to compensation for her Shoulder Injury Related to Vaccine Administration
[“SIRVA”]. On November 30, 2015, respondent filed a Proffer of Damages [“Proffer”]
indicating petitioner should be awarded $65,773.25 in damages for actual and projected
pain and suffering, and $226.75 in damages for past unreimbursable expenses. Proffer
at 1. In the Proffer, respondent represented that petitioner agrees with the proffered
1 Because this unpublished decision contains a reasoned explanation for the action in this case, the
undersigned intends to post it on the United States Court of Federal Claims' website, in accordance with
the E-Government Act of 2002, Pub. L. No. 107-347, § 205, 116 Stat. 2899, 2913 (codified as amended
at 44 U.S.C. § 3501 note (2006)). In accordance with Vaccine Rule 18(b), petitioner has 14 days to
identify and move to redact medical or other information, the disclosure of which would constitute an
unwarranted invasion of privacy. If, upon review, the undersigned agrees that the identified material fits
within this definition, the undersigned will redact such material from public access.
2 National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755. Hereinafter, for
ease of citation, all “§” references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. §
300aa (2012).

Case 1:15-vv-00784-UNJ Document 22 Filed 09/21/16 Page 2 of 5
award. Based on the record as a whole, the undersigned finds that petitioner is entitled
to an award as stated in the Proffer.
Respondent further proffered that petitioner shoulder be awarded $13,854.58 for
attorneys’ fees and costs. Proffer at 2. In accordance with General Order #9, the
Proffer indicates that petitioner’s counsel represents that petitioner incurred no out-of-
pocket expenses. The Proffer further indicates that petitioner’s counsel agrees with the
proffered award. The Vaccine Act permits an award of reasonable attorneys’ fees and
costs. 42 U.S.C. § 300 aa-15(e). Based on the reasonableness of petitioner’s request
and the lack of any objection by respondent, the undersigned GRANTS the request for
approval and payment of attorneys’ fees and costs.
Pursuant to the terms stated in the attached Proffer, the undersigned awards
A. A lump sum payment of $66,000.00, which represents compensation for
actual and projected pain and suffering ($65,773.25) and past
unreimbursable expenses ($226.75), in the form of a check payable to
petitioner, Cheri Fox. This amount represents compensation for all
damages that would be available under § 300aa-15(a).
B. A lump sum payment of $13, 854.583 in the form of a check jointly payable
to petitioner and petitioner’s counsel, Maximillian Muller, Esq., for
attorneys’ fees and costs.
The clerk of the court is directed to enter judgment in accordance with this
decision.4
IT IS SO ORDERED.
s/Nora Beth Dorsey
Nora Beth Dorsey
Chief Special Master
3 This amount is intended to cover all legal expenses incurred in this matter. This award encompasses all
charges by the attorney against a client, “advanced costs” as well as fees for legal services rendered.
Furthermore, 42 U.S.C. § 300aa-15(e)(3) prevents an attorney from charging or collecting fees (including
costs) that would be in addition to the amount awarded herein. See generally Beck v. Sec’y, HHS, 924
F.2d 1029 (Fed. Cir.1991).
4 Pursuant to Vaccine Rule 11(a), entry of judgment can be expedited by the parties’ joint filing of notice
renouncing the right to seek review.
2

CCaassee 11::1155--vvvv--0000778844--UUNNJJ DDooccuummeenntt 1272 FFiilleedd 1019//3201//1156 PPaaggee 13 ooff 35
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
__________________________________________
)
CHERI FOX, )
)
Petitioner, )
) No. 15-784
v. ) Chief Special Master Dorsey
)
SECRETARY OF HEALTH AND )
HUMAN SERVICES, )
)
Respondent. )
__________________________________________)
RESPONDENT’S PROFFER OF DAMAGES
I. Items of Compensation
For the purposes of this proffer, the term “vaccine-related” is as described in
Respondent’s Rule 4(c) Report filed on October 26, 2015.
A. Pain and Suffering
Respondent proffers that petitioner should be awarded $65,773.25 in actual and projected
pain and suffering. This amount reflects that the award for projected pain and suffering has been
reduced to net present value. See 42 U.S.C. § 300aa-15(a)(4). Petitioner agrees.
B. Past Unreimbursable Expenses
Evidence supplied by petitioner documents her expenditure of past unreimbursable
expenses related to his vaccine-related injury. Respondent proffers that petitioner should be
awarded past unreimbursable expenses in the amount of $226.75. Petitioner agrees.
C. Lost Wages
The parties agree that based upon the evidence of record, petitioner’s vaccine-related
injury has not impaired her earning capacity. Therefore, respondent proffers that petitioner
1

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should be awarded no lost future earnings as provided under the Vaccine Act, 42 U.S.C. § 300aa-
15(a)(3)(A). Petitioner agrees.
D. Attorney’s Fees and Costs
Petitioner has supplied documentation of reasonable attorney’s fees and litigation costs in
the amount of $13,854.58, incurred in pursuit of this petition. In compliance with General Order
#9, petitioner has indicated that she did not incur any out-of-pocket expenses in proceeding on
the petition. Respondent proffers that petitioner should be awarded $13,854.58 for attorneys’
fees and costs. Petitioner agrees.
II. Form of the Award
The parties recommend that compensation provided to petitioner should be made through
lump sum payments as described below and request that the Chief Special Master’s decision and
the Court’s judgment award the following:1
A. A lump sum payment of $66,000.00, which represents all elements of compensation
to which petitioner would be entitled under 42 U.S.C. § 300aa-15(a)., in the form of a check
payable to petitioner; and
B. A lump sum payment of $13,854.58, in the form of a check payable to petitioner and
petitioner’s attorney, Maximillian Muller, Esq., for attorney’s fees and costs. Petitioner agrees to
endorse this payment to petitioner’s attorney.
III. Summary of Recommended Payments Following Judgment
A. Lump sum paid to petitioner: $66,000.00
B. Reasonable Attorney’s Fees and Costs: $13,854.58
1 Should petitioner die prior to entry of judgment, the parties reserve the right to move the Court for appropriate
relief. In particular, respondent would oppose any award for future medical expenses and future pain and suffering.
2

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Respectfully submitted,
STUART F. DELERY
BENJAMIN C. MIZER
Principal Deputy Assistant Attorney General
RUPA BHATTACHARYYA
Director
Torts Branch, Civil Division
VINCENT J. MATANOSKI
Deputy Director
Tort Branch, Civil Division
LINDA S. RENZI
Senior Trial Counsel
Torts Branch, Civil Division
s/ Alexis B. Babcock
ALEXIS B. BABCOCK
Senior Trial Attorney
Torts Branch, Civil Division
U.S. Department of Justice
P.O. Box 146
Benjamin Franklin Station
Washington, D.C. 20044-0146
Dated: November 30, 2015 Telephone: (202) 616-7678
3